Brazil - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Joaquim T. de Paiva Muniz is a Partner in Baker & McKenzie’s office in Rio de Janeiro and a professor of business law and arbitration, teaching graduate courses at Fundação Getúlio Vargas (FGV). Mr. Muniz is Chairman of the Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and coordinator of the arbitration courses of the Rio de Janeiro Bar, including a lato sensu graduate course. He is also Chairman of the Rio de Janeiro section of the Brazilian Institute of Corporate Law (IBRADEMP) and author of many articles on international arbitration and Brazilian corporate law, including co-author of Arbitration Law of Brazil: Practice and Procedure (Juris 2006) and Arbitragem Internacional e Doméstica (Forense 2009).
Luis Alerto Salton Peretti is an Associate in the São Paulo office and his practice focuses on commercial arbitration and litigation.
Leonardo Mäder Furtado is an Associate in the São Paulo office and his practice focuses on commercial arbitration and litigation.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
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BRAZIL
Joaquim T. de Paiva Muniz, Luis Alberto Salton Peretti and Leonardo Mäder Furtado
A. LEGISLATION, TRENDS AND TENDENCIES
Minas Gerais, a Brazilian state rich with agricultural commodities and minerals, inter alia, enacted State Law nº 19,477 on 12 January 2011: the Minas Gerais Arbitration Act (“MGA”). The act regulates arbitration proceedings in which the state of Minas Gerais or one of its instrumentalities is involved as a party.
The MGAA comprises two sorts of provisions. First, it includes an express statutory authorization allowing the State of Minas Gerais, its instrumentalities or other public entities to refer disputes to arbitration.4 Second, it includes provisions detailing the proceedings to be instituted and specifies the options available under the Brazilian Arbitration Act (“BAA”).
BRAZIL
Joaquim T. de Paiva Muniz, Luis Alberto Salton Peretti and Leonardo Mäder Furtado
A. Legislation, Trends and Tendencies
B. Cases
B.1 Conflict of Competence between Arbitral Tribunals
B.2 Nationality of Arbitration Awards
B.3 Arbitration Clause and Public Bidding
B.4 Arbitration of Employment Disputes
B.5 Writ of Mandamus against Decisions in Arbitrations
B.6 Lack of Signature on the Arbitration Agreement
C. Public Policy in International Arbitration
C.1 Sources of the Public Policy Exception
C.2 Application of International Public Policy in Brazil